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  • #31
    Originally posted by nightqueen85
    So she went to the police and they told her that it was too late to file a report for anything but statatory rape. So she filed the report against him for statuatory rape and they took his information (SSN, Phone #, Address etc.)and gave her a case number and basically told her they'd look into it.
    Is that normally how it works?
    The police will investigate to determain for what she said actually happened. Since there is a child, that will be easy. Then they turn over the report to the DA, who will decide if there is enough evidence to WIN the case.

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    • #32
      Originally posted by ceara
      The police will investigate to determain for what she said actually happened. Since there is a child, that will be easy. Then they turn over the report to the DA, who will decide if there is enough evidence to WIN the case.

      So do you know how long this should take? I mean could this be months of investigating before anything actually happens?
      If the DA thinks there is enough evidence, i'm assuming it will go to trial, if they don't then basically nothing happens?
      Am i understanding that correctly?

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      • #33
        Originally posted by nightqueen85
        So do you know how long this should take? I mean could this be months of investigating before anything actually happens?
        If the DA thinks there is enough evidence, i'm assuming it will go to trial, if they don't then basically nothing happens?
        Am i understanding that correctly?
        It will depend on the caseload of the detectives doing the investigation. Since he is already established as the legal father of the child, she should bring a copy of the birth certificate and proof of paternity to speed the process along. She should also keep in contact with the investigator, without going overboard. Call to follow up in about 2 weeks and then continue to call once or twice a month to keep up to date on the progress. It will also keep the case on the top of their to do list.

        Once they send it to the DA, she should make an appointment to speak with the attorney the case is assigned to (and bring pictures of the child). This way, she does not become just another case number to them.

        Considering the fact that a child was born, I just don't see how they CANNOT take action against him. They will most likely offer him a deal to charge him with a lesser crime in exchange for a guilty plea, to avoid the expense of a trial. If he has an attorney (even a REALLY REALLY BAD one) he will most likely be advised to take it. The criminal case is pretty much a slam dunk. A child is very solid evidence against him.

        As far as the custody case, it will most likely be put on hold awaiting the outcome of the criminal investigation. Even if he is sentenced to some jail time, that alone is NOT enough to completely take away his rights. The child was the result of consentual sex with an unrelated minor. Father's that have a child as the result of a violent FORCABLE rape, still get parental rights.

        What he did to MOM does not matter much in family court. The judge will determain if he is a danger to the CHILD. Being convicted of a statutory crime against mom, does not equate to being an unfit PARENT. If he is in jail, it is doubtful the judge will give him visitation rights until after he is released (although it HAS happened). Him actually getting CUSTODY of the child is pretty much out of the question, unless he can PROVE mom is unfit.

        However, unless his parental rights are terminated all together, the chances of her being allowed to move out of the country are very, very slim. Even if he goes to jail.

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        • #34
          Originally posted by ceara
          It will depend on the caseload of the detectives doing the investigation. Since he is already established as the legal father of the child, she should bring a copy of the birth certificate and proof of paternity to speed the process along. She should also keep in contact with the investigator, without going overboard. Call to follow up in about 2 weeks and then continue to call once or twice a month to keep up to date on the progress. It will also keep the case on the top of their to do list.

          Once they send it to the DA, she should make an appointment to speak with the attorney the case is assigned to (and bring pictures of the child). This way, she does not become just another case number to them.

          Considering the fact that a child was born, I just don't see how they CANNOT take action against him. They will most likely offer him a deal to charge him with a lesser crime in exchange for a guilty plea, to avoid the expense of a trial. If he has an attorney (even a REALLY REALLY BAD one) he will most likely be advised to take it. The criminal case is pretty much a slam dunk. A child is very solid evidence against him.

          As far as the custody case, it will most likely be put on hold awaiting the outcome of the criminal investigation. Even if he is sentenced to some jail time, that alone is NOT enough to completely take away his rights. The child was the result of consentual sex with an unrelated minor. Father's that have a child as the result of a violent FORCABLE rape, still get parental rights.

          What he did to MOM does not matter much in family court. The judge will determain if he is a danger to the CHILD. Being convicted of a statutory crime against mom, does not equate to being an unfit PARENT. If he is in jail, it is doubtful the judge will give him visitation rights until after he is released (although it HAS happened). Him actually getting CUSTODY of the child is pretty much out of the question, unless he can PROVE mom is unfit.

          However, unless his parental rights are terminated all together, the chances of her being allowed to move out of the country are very, very slim. Even if he goes to jail.

          So her custody hearing is scheduled for May 1st, if she hasn't heard anything from the police by then i guess she just goes to court and sees what happens? I'm assuming she should bring up the fact that she's filed this report? The judge would hopefully ask when he or she she's the age difference!

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          • #35
            Originally posted by nightqueen85
            So her custody hearing is scheduled for May 1st, if she hasn't heard anything from the police by then i guess she just goes to court and sees what happens? I'm assuming she should bring up the fact that she's filed this report? The judge would hopefully ask when he or she she's the age difference!
            She needs to get a copy of the complaint she filed and any report the police may have made and bring it to court. At the hearing, she (or her attorney) should ask full temporary custody and NO visitation for the father until the pending criminal investigation is completed. She may not get the no visitation, but it never hurts to ask. If she is denied, supervised visits will probably be ordered.

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            • #36
              I was thinking about the supervised visits. Will that be the most likely senerio if he does receive visitation? I was curious of that.

              I would take copies of all the history between them too if she can come up with it. like when her parents hired the PI and everything. All documentation will help. From then up to now. Please let us know how it goes on the 1st.

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              • #37
                Originally posted by hillnak
                I was thinking about the supervised visits. Will that be the most likely senerio if he does receive visitation? I was curious of that.

                I would take copies of all the history between them too if she can come up with it. like when her parents hired the PI and everything. All documentation will help. From then up to now. Please let us know how it goes on the 1st.
                If he doesn't really have a relationship with the child, supervised visits will most likely be ordered at least for a time. Because of the possibility that the child was the result of a criminal act, I would still recommend asking for NO visitation until the investigation is complete. I say possibility because he hasn't been charged AND convicted of a crime yet.

                The history is most likely completely irrelevant. The relationship between the PARENTS is not in question. It is the relationship with the child that will be important. When and if the subject of the relationship between mom & dad comes up, his lawyer should advise him just to stipulate to the fact that he NOW knows she was underage at the time the child was conceived.

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                • #38
                  Ok, so my friend finally found a lawyer (not a very good one but better then nothing i guess)
                  Her lawyer is telling her not to hold her breath on this man being charged because "the police have more important things to deal with then a statuatory rape case that happened almost 2 years ago"
                  Everyone on here has said that he should face some type of charges and possibly even jail time.
                  Her lawyer has stated that she believes the worst that will happen to this man is he'll have his license revoked for working with children, does this sound right?
                  It's not exaclty what we wanted to hear.

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                  • #39
                    Originally posted by nightqueen85
                    Ok, so my friend finally found a lawyer (not a very good one but better then nothing i guess)
                    Her lawyer is telling her not to hold her breath on this man being charged because "the police have more important things to deal with then a statuatory rape case that happened almost 2 years ago"
                    Everyone on here has said that he should face some type of charges and possibly even jail time.
                    Her lawyer has stated that she believes the worst that will happen to this man is he'll have his license revoked for working with children, does this sound right?
                    It's not exaclty what we wanted to hear.
                    If his license is revoked, it would be as part of a plea agreement. The punishment itself is not going to be as important as him having a conviction on his record.

                    As far as your friend's family court case goes, her lawyer should ask for a continuance until the criminal case is disposed of. Having his license to work with children revoked will go a long way in her civil case. But it won't be admissable until AFTER the matter is disposed in criminal court.

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